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HomeMy WebLinkAbout1955-03-16A re~_ar meeting of the Board of County Supervisors of Albemarle County, Virginia, was held at the Office Building of said County on the 16th day of March, 1955. Present: Messrs. H. Ashby Harris, E. H. Bain, Edward L. Smith, John W. Williams, and W. W. Wood. Absent: Er. C. Purcell McCue. Officers present: County Executive and Commonwealth's Attorney. The meeting opened with the Lord's Prayer led by Mr. E. H. Bain. Minutes of the meetings of February 16, 1955, February 21, 1955, and March l, 1955, were read and approved. The following applications having been made to the Board of County Supervisors to approve of the placing of the roads as described in the applications in the Secondary System, it is hereby ordere~ that ~essrs. Ac T. Durrer, A. ~aines Fray, C. C. Wade, Hugh N. Clark~and J. G. White III, resident free holders of this County, any three of whom may serve, be and they are hereby appointed viewers whose duty it shall be to examine such roads and report upon the expediency of establishing same; they shall as soon as practible after receiving this order, proceed to make the views, a~d may examine other routes and locations than the ones proposed, and if of the opinion that there is a necessity for estab- lishing public roads, they shall locate the same, return a map or diagram thereof, with a report to the Board stating locations of such roads, the convenience and inconvenience that will restLtt as well as tc the individuals as to the public, whether said roads will be of such mere private convenience as to mak it proper that they should be opened, established, and kept in order by the person orpersons for whose convenience they are desired, whether any yard, gardens, or orchard will have to be taken; the aames of the ~andowners~ such roads, which of such landowners will require compensation, what will be a just compensation to the landowners requiring compensation for the land so taken, and for the damages of the residue of the tract, if any, beyond the peculiar benefits to be derived in result to such residue from the roads to be established; and all other facts and circumstances in their opinion useful in enabling the Board to determine its expediency of establishing such roads, and they shall file such report with the Clerk of this Board; In the event that some of the landowners do not require compensation and they will execute written consent, giving the right of way in question, the said Viewers shall obtain such consent and return it with their report~ Provided, however, that the Chairman of the State Highway Commission, sometimes called the State Highway Commissioner, shall forthwith be notified and made a party to these proceedings, and that he shall likewise be notified of the time and place of the meeting of the Viewers herein designated: (1) Road in Samuel Miller District beginning at Route 6~3 about 2.5 miles from 29 and South Garden at junction of 63~ with Bates (or Oliver) Road, thence south on Bates Road approximately 1,287 feet, length - ~pproximately °25 mile. (2) Road in S.amuel Miller District beginning at Route 29 about o25 mile south of Covesville Post of- fice at s~hool house and ending at Southern Railroad, length .1 mile. (~) Road in V~nite Hall District beginning at iron stake on edge of Route 810 at S.W. corner of Edgar Fo Tomlin property and running in eastward direction to property of C. Hunter Ballard, length'..- 1217 feet. (4) Road in~hite Hall District beginning at junction of Tabor, High St. and Hilltop Road and ending in front of home owned by Mrs. R. L. Snead, length - one mile. (5) Road in Rivanna District beginning at Route 22 near Zion Hill Baptist Church and ending at Route 22 near Cobham, length - 1500 feet. (6) Road in Charlottesville District beginning 2 blocks off Ridge street and continuing 3 blocks down length - .25 mile. (7) Road in Charlottesville District beginning at Route 652 North and ending at James H. Wetsel line, length - 1.7 miles. (8) Road in Samuel Miller District beginning at a point just east of the residence of Thomas G. Davis and old W~lace graveyard, extending east..4 mile to the point where the r~ad divides and a branch extends to the home of the late C.B.L. Perkins, length - .~ mile. (9) Road in Rivanna District beginning ~00 yds. south of intersection of Burnley and Gilbert roads and continuing approximately .5 mile due east, length - .5 mile. 392 (ll) Road beginning .2 mile south of Southern Railroad on Route 631 and ending at 2nd cattle guard, length - .9 mile. (12) Continuation of Route 805 at Covesville as far as possible. (13) Road in Rivanna District beginning at end of Route 610 and ending at outlet of Mr. E. Williams, length - .7 mile. (l~) Road beginning at intersection of Rt. 660 and Hydralic Road at W.W. Morris ~ Dairy Farm and 'ending at inter~ection of Earlysville Road at J. R. Uhyte Store, l~ngth - ~ miles. Commuuication was received from ~r. W. W. Shields, resident engineer, advising a~ follows: "Referring to your request for automatic grade crossing protection on Route 682 and the C&O Railroad just east of Mech~m's River, our Traffic and Planning Department has studied this location and prOteCtion at this c~ossing has been improved by erection of signs. The matter of~a ~lash- ing light signal was not sufficiently warranted from study made." Pursuant to Sections 15-282(2) and 15-300 of the 1950 Code of Virginia, Nr. ~. ~. Pence pre- sented to the Board his proposed budget for the year 1955-56 for consideration. Petition was received, signed by some 250 persons, in support of the School Budget and re- questing the Supervisors to levy whatever tax rate is necessary to .provide sufficient revenue for sci8 School Budget. Oommunicatio~ was received from Nr. C. Purcell ~cCue expressing the feeling that the School Budget is sound and necessary. Communications and resolutions endorsing the School Budget were also received from the Cismon' P.T.A., the Greenwood Community League, the Junior Chamber of Commerce, the Crozet Lions Club, and the ~omem's Club of Crozet. Also, a number of persons appeared before the Board endorsing the School Budget and urging the Board to proceed with the school construction program, including B. J. Chandler, Nrs. James Cash of the Leaguecof Women Voters, Clifford Spicer, Henry Chiles, John Faris, George Carr, Guy Via, T. E. Bruce, Cecil Naupin and George Palmer. Mr. E. J. Oglesby of the School Board advised those present that the School Board and the Board of Supervisors had agreed to go ahead with plans for the school building program. after consideration of the budge6 as proposed, Nr. J. T. Henley, Chairman of the School Board stated that his Board felt that Mr. Cale's salary should be increased $500.00 per annum and ~r. Walton' salary should be increased $250.00 per annum. On motion of Nr. Bain, seconded by Mr. Smith, it was unanimously ordered that the School Fund be amended as follows: Superintendent's Salary (appropriation) - increase -$500.00. Asst. Superintendent' s Salary (appropriation) - increase - $250.00. Rents, Rebates & Niscellaneous (revenue) - increase r $750.00. Also, the salary co~mzittee expressed the feeling that Mr. N. N. Pence's salary should be in- creased $500.00 per annum. On motion of Mr. Williams, seconded by Mr. Wood, it was unanimously ordered that the General Fuud be amended as follows: Compensation of County Executive (appropriation) - increase - $125.00. Compensation of Director of Finance ~appropriation) - increase - $375.00. State Supp., Dept. of Finance Expenses (revenue) - increase - Other Refunds (revenue) - increase - $333.00. Also in connection with the budget, Nr, Williams stated .that he felt the Central Fire District Levy should be reduced from ten cent~ (SO.lC) to five cents ($0.05) and made such a motion which was seconded by Nr. Smith and unanimously carried, said motion also. amending the Central Fire District Fund as follows: ~iscellaneous (appropriation) - decrease - $3750.00. Current Taxes (revenue) - decrease - $3750.00. On motion of Nr. Williams, seconded by Nr. ~Vood, and unanimously carried, it was Ordered that the Budget as proposed be amended so as to reflect the foregoing changes and a synopsis of the amended 1955-56 Budget was ordered ~dj~v~tised in the Daily Progress in accordance with Law and April 20, 1955, at lO:O0 A.N. was set as the time for public hearing on same. Nr. Pence called the Board's attention to the fact that ~u appropriation of $20,000.00 to the Airport Committee should be made in accordance with committment to the City Couucil at meeting of mous!y adopted: BE IT RESOLV~mD by the Board of County Supervisors of Albemarle County, Virginia, that $20,000.00 be and is hereby appropriated from surplus to cover the County's one-half share of funds necessary to complete the Joint Charlottesville~ Albemarle Airport for operation. Mr. N. M. Pence, Director of Finance, submitted Statement of Expenses of the Department of Finance for the month of February, 1955, of which one-third is to be borne by the State. Upon motion, duly made and seconded, this Statement was examined, verified, and approved. Mr. M. N. Pence, Director of Finance, submitted Statement of Expenses Of the Sheriff's Office for the month of February, 1955, of which two-thirds are to be borne by the State.-Upon motion, duly made and seconded, this Statement was examined, verified, and approved. Mr. M. M. Pence, Director of Finance, submitted a Statement of Expenses of the Commonwealth's Attorney's Office for the month of February, 1955, of which one-half is to be borne by the State. Upon motion, duly made and seconded, this Statement was examined, verified, and approved. Statement of Expenses incurred in the maintenance of the County Jail for the month of February submitted along with a Summary Statement of Prisoner Days. Upon motion, duly made and seconde~, 1955, W~S this Statement was examined, verified and approved. Claim of Dr. Richard T. Ergenbright, Jail Physician, in the amount of $3.00 was presented~nd on motion, made by Mr. Bain, seconded by Mr. Wood, was approved for payment. Reports of the Department of Public Welfare for the month of February, 1955, were presented in accordance with Chapter 371 8f the 1950 Acts of the General Azsembly. Report of the County Executive for the month of February, 1955, w~a's presented, approved, and ordered filed. Claim against the Dog Tax Fund was received from Mr. James B. Murray for two ewes killed by dogs. On motion of Mr. Bain, seconded by Mr. Smith, Mr. Murray was allowed $15.00 for each of these ewe . Claim against the Dog Tax Fund was received from Mr. James B. ~urray for two lambs killed by Upon motion of Mr. Smith, seconded by Mr. Bain, Mr. Murray was allowed $5.00 for each of these dogs. lamb~. Claim against the Dog Tax Fund was received from Mr. Cammann C. Duke for one lamb and one ewe killed by Dogs. On motion of Mr. Bain, seconded by Mr. Smith, Mr. Duke was allowed $5.00 for the lamb and $18.00 for the ewe. Olaim against the Dog Tax Fund was received from Mr. C. L. Garth for five hens and eight banto~ killed by dogs. On motion of Mr. Bain, seconded by ~r. Smith, Mr. Garth was allowed $1.50 for each of the hens and $0.50 for each of the bantoms. Claim against the Dog Tax Fund was received from Mr. Nathaniel Via for three ewes killed by dogs. On motion of Mr. Mood, seconded by Mr. Bain, Mr. Via was allowed $12.00 for each of these ew~so Claim against the Dog Tax Fund w~s received .from Mr. ~. F. Via for one ewe killed by dogs. On motion of Mr. Bain, seconded by Nr. Wood, Mr. Via was allowed $15.00 for this ewe. Communication was .received from Henry B. Goodloe and James H. ~ichael, Jr., Attorneys, re- questing that a tax sale of land known as "Mountain View Farm~ be undertaken at this time so as to clear up the two years' ta~xes now in arrears in order ~ to pay off a debt owed to the Citizens Bank and Trust Company, secured by a first lien on the praises. Since it is the policy of this Board to sell land for taxes only after three years are in arrears, the Board asked for the opinion of the Common- wealth's Attorney in this matter. Mr. Smith advised that it would be permissable for the Board to make an exception to its policy in this case. On motion of Mr. Williams, seconded by Mr. Smith, the follow- lng resolution was unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that Mr. George Gilmer, Attorney, be and is hereby authorized to proceed with sale of "Mountain View Farm" for the two years' taxes now in arrears. ~ Stuart Head, Trial Justice ~Judge, appeared and advised the Board that the volume of busine transacted in his office had increased to such an extent that the present quarters were entire inadequat for the Clerk and would like for the Board to provide the office space now occupied by O. R. Randolph. Mr. Harris was requested to appoint a committee to s~udy this request on motion of Mr.. Williams, seconde by Mr. Bain. Mr. Pence and Mr. Bain were appointed to serve on this committee and requested to make a report on their findings at the next regular meeting. Report was received from the Crozet Water Committee recommending that contract for drilling of well at the Crozet Sanitary District be awarded the Sydnor~P~ and Well Co., Inc., Richmond, Virginia. Mr. T. O. Perkins, one of the bidders, appeared in regard to this matter, advising that he felt that the Committee awarded the contract to Sydnor Pump and Well Company because of an agreement by Sy~nor to allo the County a refund on rental of pump used during the water shortage last fall. Mr. Perkins was advised that the refund on rental of pump did not effect the award of .the contract, but in fairness to Mr. Perki and all concerned, it was ordered that action be deferred on final award of the contract and that the matter be referred back to the Water Committee with the request that they make recommendation to this Board at ~n adjourned meeting to be held on March 21, motion being made by Mr. Bain, seconded by 5~r. Smith, and unanimously carried. The committee appointed to submit nominees for the Equalization Board recommended the appoint- ment of P. K. Nassey, George Palmer and Campbell Holt. On motion of Mr. Wood, seconded by Mr. Williams, and unanimously carried, it was ordered that the recommendation of the committee be accepted and Messrs. Mazsey, Palmer and Holt were appointed to serve on the Equalization Board. Report on insDection of the County Jail was received from the Department of Welfare and Insti- tutions, Division of Corrections, and was ordered filed on motion of Mr. Bain, seconded by Mr. Williams. The following opinion of the Attorney General regarding the 1954 reassessment was received and copy presented to each member of the Board: COmmONWEALTH OF VIRGINIA OFFICE OF THE ATTORNEY 'GENERAL Richmond ~S ~S March 8, 1955 Honorable Downing L. Smith Commonwealth's Attorney for Albemarle County Charlottesville, Virginia My dear Mr. Smith: This is in reply to your letter of Mar~h 4, from which I quote below: "I request your opinion as to the effect of the action taken by the Board of Assessors of Albemarle County at their meeting on March 1,~1955. EnClosed here- with is a copy of the minutes of that meeting. Senator McCue, Mr'. Clark and I dis- cussed this matter with Mr. ~rtin of your office on March 2, 1955. "Albemarle County is required to have a general reassessment of real es- tate in1954 under provision of Section 58-784 as amended in!950. The Board of Supervisors appointed three free holders of Albemarle County, Mr. A. G. Fray, Mr. F. L. Clark and Mr. Hugh N. Clark, to make the general reassessment in 1954. The BRard of Supervisors employed two technical assistants to assist the Board of Assessors. The Board Assessors made an appraisal of the real estate in Albemarle County based on the fair market value as of JanUary l, 1954. This information was placed on cards in the office of the Board of Assessors. On December 7, 1954, the Judge of the Circuit Court of Albemarle County was requested~ to grant an extension of time for the completion of the reassessment under Section 58-792. An order was entered granting a sixty day extension from December 31, 1954, for completion of the reassessment. On January 3, 1955, the Board of Assessors met and adopted a resolution fixing the assessed value of property as 18% of the appraised fair market value as of January 1, 1954. Postal cards were sent to all land owners..~ ~b~rle?~- ¢~uht~stating that the 1954 general ~eassessment of rea! estate had been completed and listing the assessed value~. The Board of Assessors met from February 15~to February 28 to hear any complaints, and to review any assessment. On March l, 1955, as a result of a considerable number of complaints, they took the action as set forth in the minutes hereto attached." The pertinent portion of ~the minutes of the meeting of March 1, 1955, is as follows: "On motion of Mr. A. G. Fray and seconded by Nr. F. L. Clark, the former action of this Board on January 3, 1955, is hereby rescinded, and be it resolved~by the Board that the basis for the 1955 Reassessment of Albemarle County, Virginia, shall be as set out in Section 58-759, 1950 Code of Virginia, as follows: Taxes for each year on real estate subject to the reassessment shall be extended on the bas~s ~ ~ ~ .... ~1 ~~m~nt made ~rior to such year, subject to such changes, as I am advised that it was the-intention of the assessors, in taking the action they did at their meeting on Narch~ l, to adopt as their reassesSment the values fixed by the last general reassessment, made-in 1948, Subject to such'changes as had be~n made'in those values by reazon of new cons%rUCtion, imprbv~ments,~ ditionS, deStruction, etc. Ir'is my oPinion that the language quoted from'the min- Utescarried out this intentionl In other wordS, the assessors~ as the result Of their study of the real estate in Albemarle County, have finally determined that in their best judgment the fair market value of such real estate in 1954was the same as it was in 1948. I must assume, of course, that in reaching this conclusion, and no evidence has been presented or suggestion made to the contrary, the assessors acted in good faith. At the time of the action on M~rch l~the matter of'the final determination of the values was still before the assessors, since, as you state~-th~y had been granted a sixty-day extension of time to complete their work. I am further advised that prior to the meeting on Narch 1 the assessors had not filed any reassess- ment in the Clerk's office, as provided in Section 58-991 of the Code. While the action of the assessors is somewhat ~nusual, if, as I have previeusly stated, in their best judgment they finally determined the value of the real estate in 195~was the same as it was in 1948, in my opinion, they had the poWer so to declare, and so, as a matter of law, my conclusion is that the action taken on Narch I is valid. ~ith best wishes, I am Very sincerely yours, ( i ned) J. Lindsay Almond, Jr. Attorney General Communication was received from the Albemarle County Historical Society reque=ting the County to join with the City in the p~ssaEe of an Ordinance regarding Architectural Design Control. On motion of Mr. Bain, seconded by Mr. Williams, and unanimously carried, this matter was tabled. Mr. Pence advised the Board that the principal of Scottsville High School had turned in a County check dated May 18, 1949, made to and endorsed by Mr. H. H. Tapscott in the amount of $8.25 whic~ had never been cashed and which has been charged off on the county's books. On motion of Mr. Bain, seconded by Mr. Williams, and unanimously carried, Mr. Pence was a~%horized to issue a duplicate check in this instance. Offers were received from W. I. Vernon and L. B. Clements to purchase land owned by the Count~ identified as Section 99, parcels 85 and 88 on the land identification map, of $50.00 and $100.00 re- spectivelyo Mr. Williams and Mr. Clark were requested to investigate this property and report back to the Board their recommendation. Mr. Wood reported that he and Mr. Clark had viewed land on which an offer was received from Mr. Norman Payne of $20°00. Mr. Wood stated that he felt the land should be worth $~0.00 or $50.00 and on motion of Mr. Bain, seconded by Mr. Williams, and unanimously carried, the offer of Mr. Payne was rejected. Mr. Harry Clark offered the Board $40.00 for this land being five acres and designated as parcel 26, on section 65 of the i~dentification map. On motion of Mr. Bain, seconded by Mr. William~ and'.unanimously carried, it was ordered that ~r. Clark's offer be accepted. Claims against the County amounting to $126,402.31 were presented, examined, and allowed, and certified to the Director of Finance for payment, and charged against the following funds: General Fund School Fund Dog Tax FUnd Crozet Fire District Fund Crozet Sanitary District Fund Joint Health Fund Central Eire District Fund $ 29,251.36 84,861.84 331.90 13.35 '395.30 4,296.70 57. Commonwealth of Virginia Current Credit Account 7,195.44 Total $126,402.31 On motion, the meeting adjourned until Narch 21, 1955 at 7:00 P.~. -~ ' ~ /rman An adjourned meeting from the regular ~arch 16', 1955, meeting was he~d at 7:00 P.M. in the County Office Building on this date with the following members present: Messrs. H. Ashby Harris, E. H. Bain, Edward L. Smith, Jo~bnW. Williams and W. W. ~ood. Absent: ~. C. Purcell NcCue. Officers present: Assistant County Executive mhd Commonwealth's Attorney. Report was received from the Crozet Water Committee recommending that contract for drilling of well in the Crozet Sanitary District be awarded the Sydnor Pump and Well Co., Inc., Richmond, Virginia, on basis of-bid received. On motion of Mr. Williams, seconded by Mr. Wood, the following resolution was unanimously adopted: BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that contract for drilling of well in the Crozet Sanitary District be and is hereby awarded to the Sydnor Pump and Well Company, Inc., Richmond, Vir- giniM, and the Chairman be and is hereby authorized to execute said contract on behalf of this Board. On motion, the meeting'adjourned. April 4, 1955 Pursuant to the following waiver, the members of the Board of County Supervisors of Albemarle Co~uty, Virginia, met in special session on this date in the CoUnty Office Building at l:O0 P.M. with the following members present: Messrs. H. Ashby Harris, N. H. Bain, Edward L. Smith and W. W. Wood. Ne, the undersigned, members of the Board of County Supervisors of Albemarle County, Virginia, hereby waive notice, and special service thereof, of a meeting to be held at l:00 P.M. on the fourth day of April, 1955, in the County Office Building, Char- lottesville, Virginia, for the purpose~of considering amendment No. 2 to the Airport Grant Agreement, and we do hereby consent to the transaction of any and all business and the taking of such action at said meeting upon the matter hereinabove mentioned as may be lawful, incident and necessary thereto. ~ ~ ~ ~ ....... ~. H. Bain - - C. Purcell McCue " Edwk~d L. gm~'t~ { / John W. Williams Officers present: County Executive and Commonwealth's Attorney. ~lr. Pence presented to the Board Amendment No. 2 to the Joint Airport Grant Agreement which included Federal participation in fences and the acquisition of land for the beacon. The following action was taken by the Board: ( See attachment ~o following page)